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tv   [untitled]    November 12, 2014 11:00am-11:31am PST

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what the requirements are and where there is consistency and insures greater compliance. and there are still a couple of things that will be in the letter coming up, and i think that the commission wants to encourage both supervisor mar and chiu to continue to work with the business community, and i think that you know, we have really demonstrated with the family friendly ordinance, and the fair chance ordinance and with the minimum wage of really working together and hashing out the difficult things and coming to a place, where we can either support or be neutral on. and so a few of those, still are for the commission, that will be in your letters is to line up the definition of however you want to define in terms of part time or full time with the affordable care act, the affordable care act defines, full time employees as
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30 hours. to amend the requirement to for the employer posting from the 14 days to the 10 days. and for the restaurant industry to 7 days, and then, amend the predictbility pay from seven-day notice to three day notice. and then, and then, also, to really work with the business community to insure that the reporting requirements are simplified and as clear as possible. and then, to remove the private right of action from both of these, as has been done with the fair chance ordinance and the family friendly ordinance. and then, just to insure that the requirements at olse is going to be using at the time that they need to and if a claim comes before them, is to
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make sure that they, and that it does not, and there is no, errors of subjectivity, and that the requirementhat they are using is very clear, and objectivity and so that we don't sort of blur these lines of having olse, and potentially, evaluating whether somebody's job performance, whether a business appropriately evaluates someone job performance to make them more eligible for a promotion from the part time to full time, that type of thing. and so, just a few more clarities to spend a little more time with the business community. and so, their official request was to work with them and as we have done in the past. and with other business legislation and to not pass it out today, but to spend a week or two more to finalize these details. >> thank you. and miss leavitt would you like to make some remarks? could i say that the next
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speakers after donna leavitt, without objection, colleagues, i would like to ask if we could take out of order, dede workman from the san francisco chamber of conference, alex, from usww, grove, melcen, michael tom, cathy from af2, t 212, and pete, from the california partnership, and karl craim freer the living wage coalition, and unim you deck, and kimberly jeffrey and aurora bolito. >> thank you. good morning supervisors i'm donna leavitt and i head the office of labor standards enforcement. and i have reviewed both ordinances and we at the office are looking forward to enforcing another ground-breaking ordinance, that will be a model for the rest of the country.
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and we have done this before and we can do it again. regarding the ramp up period that has been discussed i think that the 120 days that is in the ordinance and 120 days after the effective date, is doable, honestly i think that 6 months will be better, i would prefer, unlike they would say that in the first year olsc can issue warnings but can't enforce the ordinances would i prefer that there is an operative date and as that have date we can enforce, particularly, we don't want the workers coming forward and risking retaliation if there is nothing that we can do for them so, ij that six months would allow us enough time to do the out reach and education.
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to hopefully ramp up staffing in my office, so that we will be able to enforce this effectively. >> supervisor avalos has a comment. >> thank you. and i am concerned about your staffing levels. and not that they are too great, but perhaps too little and we have actually created a number of mandates for the office of labor standards and enforcement to work on. and i am not sure if we have increased your staffing, and your capacity to actually meet those mandates. and in recent years, could you talk about where you are at in terms of your staff increasing and how they have been able to keep up with the new that we have put on the office. >> certainly. >> particularly in the last year, the family friendly workplace ordinance and the fair chance ordinance were passed. we are currently staffing both of those by reallocating
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staffing resources that were dedicated previously to enforcing prevailing wage laws and minimum wage laws. >> we are seeing the less kipt to do the work for the wage and the minimum wage as well. >> i would say that, everybody has got a full plate at my office. yeah. >> and there are two vacant positions and i am hoping that six months will allow us time to fill those positions, which, and hopefully in the next, it is hard to predict, you know, when you have a new law, it is hard to predict, what the staffing needs are going to be to enforce it without having experience. but, particularly, with the, you know, we don't even have a list currently of who the formula retail businesses are.
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particularly, with the subcontractor's requirements for janitorial and security, we want to do effective education around that. and it is hard to predict the level of enforcement activity. but, we need to be fully staffed with our current, at least with our current staffing. and we will and this has been the history of the office, is, we reallocate until we can predict and get funded for a new positions. and so, you know, i imagine next year, at budget time, we will be talking about the budget, the staffing needs at the office to enforce this ordinance. >> thank you, actually, i think that it will be good to do
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before budget time. and perhaps, anticipating what the budget could be, and maybe, looking in march and having a hearing about your staffing relative to your mission. and the mission seems to grow, and staffing does not. and that actually makes it less easy to do the work that you have already been doing. and a lot of people in san francisco, rely on this office, to make sure that they have a workplace that is going to meet their needs and so i want to actually, i will call for a hearing, maybe in the middle of the year next year, and maybe in the spring and maybe in february or march well before the budget, so that we can actually start to get a beat on what we might need to do during the budget season. >> thank you, supervisor. >> and thank you, miss leavitt. and now, the next list of speakers and miss workman? >> thank you. first of all, on the chamber wants to thanks, supervisors chiu and mar for the work that you have done on the pieces of
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legislation and your effort to bring the people together, and all stake holders together to work out, you know, the details of the legislation. and we still feel like it is a little premature, because the formula retail, legislation that was and it had hits first reading at the board of supervisors last week has not had a second reading and the definition of formula retail has expanded and it will include new uses including personal services and others that are not formula retail now but will be in a couple of weeks and will not know it and i think that a lot of these folks will not know that they are form law retailers and will not know what the words mean and, there needs to be time to inform them to educate them. and so, we are hoping that we will get another week to work out some of these details. and to give the opportunity for that formula retail legislation to be finalize and for people to be notified. and we would really like to work with you to continue to work on some of these or at some of these details and we think that there is
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inconsistencies in this and i think that the amendments that supervisor chiu is recommending will help with some of those and we think that the administrative supportive, and the record keeping and so on should be consistent with the fair chance legislation, for example that we worked very closely with the board of supervisors on and support $in legislation, and we think that those provisions in this legislation, and these two pieces of legislation should be consistent with the legislation that was passed within the last year. and we also think that there is confusion in the consequences because of some of the language that has not been i think, carefully worked out in this and regarding part time and full time employees. and what exactly is a part time employee and what happens if a full time employee quits? and then, what you do with those hours, and are you or can you not hire a full time employee, can you only divy those up in the part time employees and that kind of thing and so we would like a little bit more time. >> thank you. >> thank you. >> next speaker.
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>> good morning, my name is alex and i am a proud member of the seiu, usww, and i am here, and basically, speaking and giving a testimony as a security officer and in our line of business, there are workers where they work as little as five hours a week. and as 70, or up to 80 hours a week in which technically there is no weekend and technically almost working, or sleeping on the job. and if you are given hours and another thing what they do is they split the shifts. and you could be working early morning, and then early at night. and you don't even know if you are really part time or full time. and most importantly, finally, is about if you complain and you give your grievance, you will feel the retribution from your supervisors.
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and some kind of retaliation, retaliation sets up not giving us schedules as all, or they might give you all hours with no weekends and so, i am here to basically support our brothers, and we hope you support this legislation. and i just want to say, retail workers with the bill of rights, it is about time, thank you guys. >> thank you. [ applause ] >> mr. tom? >> good afternoon, supervisors. thank you for letting me speak, my name is michael tom and i am speaking on behalf of the asian pacific labor alliance and i am speaking here because of the legislation and urging you to pass it because it effects many asian american workers in the security and hotel fields and as well as retail and has the potential to improve the living conditions and also by increasing the incomes and it will have a minimal effect on the corporations that can easily afford to pay it and it
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might actually improve their profit margins too and offer the better customer service. and thank you very much for doing this, and i urge you to pass it. >> thank you. >> miss burke? >> hi. and good morning, and thank you for working on this legislation. and aft 2121 was eager and glad to endorse it because we see clearly how low waged and unpredictable houred jobs really block people into low wage, unpredictable lives of. and many are struggling financially and they work in these jobs, either as first jobs or second or third jobs as they lost other employment. and when they can't, or when there are changes in the work schedule, every semester and we all have experience with the students who can't attend class and can't complete the course work and so this creates a huge obstacle, in a low wage workers
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desire to improve their life through education, and achieve a better income. and so for those reasons, we gladly endorsed it and we don't believe that it is premature, and in fact, it is long overdue. and for some of us students, like in the young many in my family that he is so busy working the three part time jobs with unpredictable jobs that he is giving up the idea of a higher education because he wants to continue to live in the city. and it is hard to make plans, even to celebrate his birthday. and to plan family activities, so, it is effect that our family very deeply time is every bit as valuable as money and this is really needed to support the 15-hour minimum wage. >> thank you. >> next speaker. >> good morning, supervisors my
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name is raymond and i am with the community action network. and i work there, as the youth coordinator, and as a lead organizer. and as a youth coordinator, you know, i learned a lot about all of these young ones that i worked with and they are history and their roots and their passion and their dreams, and you know, and as an organizers, and we do our best to support that. and this is the reason why i am here today. and i will ask you guys to pass this legislation, and you know, because, this is very important to the young ones, you know, after, high school, either, pause for a moment and get a job to help the families or go to college. and some of them, when they go to college, they still get a job, so you know, this will really help a lot. and i want to tell you guys a story about two years ago, and i got this to you. and migrated here from the philippines, and you know, for the shop, and the language
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barrier and all of that and managed to graduate and now they are working. and not all of the place that they work and they work in the same place, but, they don't have a steady schedule. and one of them actually left the job that actually got fired three times. and this is because, he did not want to follow the supervisor's schedule. and then, every time that i asked them, no i am back again, and now currently they are working two jobs, because their schedule is not being, and it is not steady. and i asked them whether they need to work two jobs, why can't you just have one? and they said that i need this to support my family. my father and my mother have been working hard and it is time to step up and so now i am here to urge you guys, and i am stepping up to urge you guys to pass this bill to help out the young ones that are graduating high school and becoming workers and you know, to have a secure and a stable jobs, and thank you. >> thank you.
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>> i am going to call a few more names. perez and higens and jim lazarez and joe swa, and mirium, and marbella sanchez. >> this is a type of measure that is covering one group of workers and it has the potential of having a ripple effect of raising standards that will change industries, that will improve conditions for many more workers, this is a type of thing that is happening all across this nation, where we are seeing the casualization of labor, and the wal-martization. and how this is effecting women workers and many time. the employees are using this as further pressure on women workers and using it as a wage
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cut. making them two eight hours of work in and cutting hours to 6 hours. and in job sites where there is rampent sexual harassment and this again is another tool that is used to sexually harass women and case in point is at prefered business services which is cleaning the offices, that the workers there and the women workers were told, if you want more hours, you are going to have to trade sex for those additional hours. and another issue that has come up is also, that people, and we have members who are working 25 hours per week, but then are required to do ten additional hours of training and you ask, what employer what do that? well, it is the city and county of san francisco. it is in the community jobs program and so we want to also see those kind of conditions
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change and what people are paid for all of the hours that they put into a job, thank you. >> thank you, mr. kramer, next speaker? >> my name is kimberly and i am here with the san francisco living wage coalition and although i am grateful to be employed in san francisco, i am still finding it hard to make the ends meet. and i am still finding myself shopping at secondhand stores or depending on free donation to cloth me and my family, i want to move away from the food banks and i want to move away from the soup kitchens and the like. i am going to speak on behalf of high son, he is 4 years old and last week he came to me and said that i want a bike for christmas, consider simple and, basic, most kids want a bike for christmas, but sad to say, with the small hours that i work because i work part time and the little pay that i get, santa claus might not visit our
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home this christmas to deliver that bike. and please, help me and others to be financially independent and no longer dependant on the welfare system or the government. i first want to be able and i am able to work. and i am willing to work and i just want my family to be proud that i am able to provide for them. and that is all. thank you. >> thank you. >> next speaker? >> [ speaking in a foreign language ] >> good morning, my name is (inaudible). [ speaking in a foreign language ] i come from the living wage coalition. i work for preferred janitor services.
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very tough job, eight hours and regular. >> the clean the office for kgo. it is very difficult for me to finish my task because it is a work overload. it is an 8 hour job but the supervisors cut it back from 8 to 6 hours. i have two children, very tough to maintain and to provide for my two kids with only 6 hours. but with a salary of 65 dollars a day. >> thank you. >> thank you, next speaker?
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>> good morning, to everybody, my name is lalava and i am an internal organizer for local e7 and i am a mexican study master student at san francisco state university. and i want to say that juggling two professions is very difficult. and if it was not for my prao district able schedule i would not be able to maintain both of these components that i want to accomplish for myself and that is why we are here to support the retail workers bill of rights and we ask that you do the same, often times the laws reflect who society deems as worthy and valuable, and it does not take a village to raise a child it takes the people to pass and enforce laws to protect the working class people, our families matters and children matters and our future matter and we want to work and attend college and we
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want predictable hours to get these goals accomplished and we want to raise the class consciousness and raise the wages and the lives and the dignity and the safety and raise america. thank you. >> thank you. >> next speaker. >> good afternoon, supervisors my name is perez and i work with a lot of low income families that work in restaurants and mcdonalds, and others like the nation and all of that and i am just telling you that i have been working on hours, that do not even give to like, like to get to their, and the hours that they are working in the food, and the food and the full 40 hours, and well, in some that don't even get a break and there are families that, and they are working part time, and they, they have a schedule because they don't have a place where they could go and jump off, and it is only for you guys to support this,
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thank you. >> thank you. >> next speaker. >> [ speaking in a foreign language ] i am a member of the sancam and i worked for 8 years at mcdonalds. so, when i first started it was
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eight hours a day, and then, with the hiring of other part time workers, my hours got cut back to 3 hours, and 3 days. and it is just really difficult on me, given that i have three children and it was a challenge to be able to pay rent and put the food on the table. >> so this actual legislation will help a co-worker of mine who actually works there and has been working there for 30 years now, who is also faced a lot of discrimination when it comes to hours.
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this legislation will actually change the discrimination that exists in this industry, with respect to hours, and full time work. so thank you for supporting this legislation. okay. >> thank you. >> good afternoon, supervisors, and my name is (inaudible) and i am here representing union workers united and most of the base and our students who are at city college in san francisco, state, many of them who are working part time jobs at stone town and west field and down in the powell area and so this will have a huge impact on our membership, because you know, to be honest those extra five, or ten hours, are the difference between being able to pay rent and being able to go to the doctor and pay for the expenses and putting food on the table and with the on call practices, i know that it is a huge issue for our
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members, and a lot of them could not even commit to being here today because of their on call practice and their schedules, that come out two or three days before they know, and so this is really important to us and i think that given the economic disparity and how it has konlted it grow in san francisco, as a city we have a real obligation and how we address the economic needs of our most valuable and our most wonderful workers and so we applaud your leadership and union workers stands behind it. >> thank you for your involvement as well, in this legislation. >> before you speak, let me ask for the other speakers. >> maria delortus, debar, from collecttiva, and julia ball and angelica kabanda. >> president chiu and supervisors thank you for your time, samantha higens golden gate restaurant association, i
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would like to thank chiu and mar for your collaboration, and i would like to agree with the small business commission, and urge the committee to wait one week, to work further on this legislation. the intent here is to protect the rights of formula retail employees, and i believe that we need one more week to work out the details to best do that. first, we have yet to define form law retail. and it has not gone, for second reading in front of the board of supervisors and there are many businesses that do not get now that they will be considered form law retail and to protect these businesses, and give them the best shot of protecting their employees, i believe that it is best to wait until we have defined formula retail. and then come together to put out a piece of legislation that will protect all involved. >> and i do appreciate keeping the consistency with the fair higher and family nrux and both of these ordinances are meant to protect the workers and i think that keeping with
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consistency is the best way and i agree with the ramp up period so that the employees are not scrutinized for asking for what they deserve along with the employers understanding and being able to have the time to figure out what the ordinance says, and how they can best implement it. >> thank you. >> thank you, and i have another card for juli, babano. >> next speaker? >> [ speaking in a foreign language ] >> my name is maria lorves from i am here from lacollectiva in san francisco. >> so, a point that i want to
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make here is that a lot of our time is not valued if we are not respected as workers. and a lot of the cases we show up to work, and then the employer decides that maybe they don't need us any more and so we lose that time that day that could be invested somewhere else. so my question is given if that we wash dishes and we clean the floors and the stores and does that mean that our time is less valuable? >>

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